How Does Adultery Affect Divorce in Calgary?
Divorce is often emotionally charged, and when adultery is involved, it can become even harder. When one spouse in a marriage has cheated, many people wonder: How does adultery affect divorce in Calgary?
In this post, we will walk you through the legal framework in Alberta and Canada, what role, if any, adultery plays in matters such as property, support, and child custody, and how a family lawyer can help you navigate this difficult time.
The Basics: Divorce in Canada & Alberta
Before we look at how adultery affects divorce in Alberta, it is important to understand the legal foundation. Divorce in Canada is governed by the federal Divorce Act. In Alberta, and many other provinces, the Divorce Act is applied when granting a divorce, while the Family Law Act handles non-divorce family law matters.
Under the Divorce Act, there are three recognized grounds for divorce:
- Separation, where spouses have lived separate and apart for at least one year
- Adultery
- Mental or physical cruelty
Because divorce on the grounds of separation does not require proving fault, most couples in Calgary choose this route. While adultery is valid, and can be raised anytime after it becomes known, it is rarely used in practice. Proving an affair is often costly, stressful, and legally complex, leading most couples to choose a one-year separation to avoid unnecessary conflict and expense.
The Effect of Adultery in Divorce
If you choose to file for divorce on the grounds of adultery, you must prove that the spouse who committed the adultery had a physical, sexual relationship with another individual. Proof can include:
- A sworn affidavit by the spouse admitting the affair
- Eyewitness testimony
- Photographs, videos, text messages, emails, or other correspondence
- Other circumstantial evidence that demonstrates an ongoing voluntary relationship outside the marriage
It is important to understand that divorce on the grounds of adultery is not taken lightly, and the courts will scrutinize this evidence carefully.
Adultery & Key Divorce Issues
When applying for divorce on the grounds of adultery, the impact is relatively limited in Alberta. That said, it is essential to understand the basics:
Property Division & Marital Assets
One common misconception is that the non-offending spouse should receive more in the divorce due to the infidelity. In Alberta:
- Adultery does not typically affect how property is divided under the Divorce Act and related family law rules.
- Each spouse generally keeps the assets they owned before marriage, and the property acquired during marriage is divided equitably, based on contributions (financial and non-financial).
- The only potential “exception” is if the spouse who committed adultery spent money on the affair or diverted joint assets toward the extramarital relationship. In this case, the court may allocate a portion of this money back to the non-offending spouse.
Spousal Support
Spousal support in Canada is primarily about fairness and economic realities—not moral fault. This means:
- Adultery itself is rarely a factor in deciding whether spousal support is owed or in what amount.
- However, if the affair negatively impacted one spouse’s economic position (for example, by interfering with employment, causing emotional injury, or draining shared assets), that could be considered in the support analysis.
Child Custody: Parenting & Access
When it comes to children, the court’s paramount concern is the best interests of the child. On that basis:
Adultery is not determinative in custody or parenting time decisions.
However, the manner in which the affair unfolded can be considered if it directly affects the children. For instance, if the extramarital partner is interfering with parental relationships, or there is evidence that the affair caused emotional harm or instability in the child’s environment.
Divorce Timing & Speed
Because divorces based on separation only require proof of living apart, many couples find them simpler and faster:
- Alleging adultery allows you to file immediately if the affair is known—you do not have to wait the full year of separation.
- A divorce via one-year separation avoids the evidentiary fights and costs of proving adultery.
- Pursuing divorce based on adultery may actually slow down the process if evidence is contested or hearings are required.
Common Misconceptions & Pitfalls
Adultery as a Criminal Act
Adultery is not a crime in Canada, and can not be addressed with lawsuits against either the former spouse or their extramarital partner.
A Single Act Will Not Result in Divorce
Forgiving an affair will not necessarily prevent future divorce on new grounds. That said, patterns of forgiveness or reconciliation may complicate claims.
Proof is Easy
Many people overestimate how straightforward proving adultery can be. When ruling on whether or not an affair occurred, courts require credible evidence.
Adultery Will Sway the Courts
As listed above, the effect of adultery on divorce in Calgary is limited when it comes to property, support, and custody, unless tied to concrete financial or parenting harm.
Tips if You Are Considering Divorce on the Grounds of Adultery
Gather & Preserve Evidence
Capture texts, emails, photos, and financial records. But be cautious, and do not perform illegal surveillance or wiretapping.
Document Financial Impacts
If your spouse used joint assets to support the affair, keep receipts, bank statements, and credit card records.
Consider If Separation is Simpler
Filing on the one-year separation ground rather than adultery may result in fewer costly battles related to proof and impact.
Do Not Underestimate Impacts
Even if adultery does not automatically tilt outcomes, its emotional fallout can influence negotiations, settlements, and mediation. Be mindful of the effect adultery can have on children and finances.
Retain a Skilled Divorce Lawyer
Divorce on the grounds of adultery can be complex, particularly where evidence, negotiation, and court proceedings are concerned. Before you begin the process, it is essential to have professional guidance.
Jones Divorce & Family Law: Your Calgary Divorce Experts
Divorce is never easy—emotionally or legally. Whether you are navigating complex issues like how does adultery affect divorce in Calgary or settling property claims, the legal journey requires clarity and confidence. At Jones Divorce & Family Law, we are committed to guiding you through every step. With deep experience, strategic advice, strong negotiation skills, and compassionate support, we will help you move forward with peace of mind.
Contact Jones Divorce & Family Law to book an appointment with one of our expert divorce lawyers and take the first steps towards a fresh start.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.
